000tes
evidence and set aside the sentence and acquit the victim of human rights
violations
***
20.
ln response to the objection to its materialjurisdiction, this Court reiterates its
position as affirmed in Emest Mtingwi v Repubtic of Malawil that it is not an
appeal court with respect to decisions rendered by national courts. However,
as the Court underscored in its Judgment of 20 November 2O1S in Atex
Thomas v United Republic of Tanzanra, and reaffirmed in its Judgment of 3
June, 2016 in Mohamed Abubakari v United Republic of Tanzama, that this
situation does not preclude it from examining whether the procedures before
nationa! courts are in accordance with international standards set out in the
Charter or other applicable human rights instruments to which the Respondent
State is a Party.2 lndeed, this falls within the very scope of the powers of the
Court as provided for under Article 3(1) of the protocol.
21.
B.
Accordingly, the Court dismisses this objection and holds that it has material
jurisdiction.
Other aspects of jurisdiction
22.The Court notes that its personal, temporal and territorial jurisdiction has not
been contested by the Respondent State, and nothing in the pleadings
indicates that the Court lacks jurisdiction. The Court thus holds that:
it has personaljurisdiction given that the Respondent State is a party to
the Protocol and has deposited the Declaration required under Article
i.
34(6) thereof, which enabled the Applicants to access the Court in terms
of Article 5(3) of the Protocol;
ii'
it has temporal jurisdiction on the basis that the alleged violations are
continuous in nature since the Applicant remains convicted on the basis
of what he considers an unfair process;
1
Application No. 001/2013. Decision of 15t3t201 3, Ernesf Francis Mtingwi v. Republic of Malawi
(hereinafter referred to as "Ernest Francis Mtingwi v. Malawi Decision), para. 14.
2
Applicatio n No.005/2013. Judgment ot 20t11 12015, Alex Thomas v United Republic of Tanzania
(hereinafter referred to as "Alex Thomas v Tanzania J udgment), para. 130
No.007/2013. Judgment ot 3tGl2A16, Mohamed Abubakariv. United Republic of
referred to as"Mohamed Abubakariv. Tanzania Judgment), para.29
6
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